The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1887-02-10
THE M'MILLAN CASE
The Examining Trial Begur
Yesterday Morning.
Synopsis of Testimony as Taken
by Justice Calhoun.

nell, was commenced before Justice Cal
houn yesterday morning. Mr.. Mcmillan,
attended by his counsel, Judge Sheeks,
was in the court room. Always quiet and
retiring in manner, a stranger would
never have selected from the crowd the
modest an unassuming young man to be
the one against whom so grave charge
was pending. The following is a synop-
sis of the testimony that was taken yes
terday. The examination will be con-
tinued to-day:
Mr.. Ben Pessel, witness for the state,
being duly sworn upon OATH My name is
Ben A. Pessels live in Austin, Travis
county, Texas; know Mr.. JOAN Mcmillan
(pointing to the defendant as the John
McMillan); have known Mr.. McMillan,by
sight, some years ago, when he was in the
employ of Mr.. Fuedberger; know what
occurred in the store; had just arrived
a few moments at the store on January
81, at Schoolherr 81 Bro; Mr.. Mcmillan
was standing on the sidewalk speaking to
a man; could not tell wheteer customer
or not; Mr.. Mcmillan entered the store,
seated himself on stove; he was facing
the street; he had hardly taken his seat
when Mr.. Grannell made the remark
SIS it alive?" Mr.. Mcmillan turned his nous
tache with both hands; Mr.. Grannell then
said, "by God it moves, believe it is
alive;" Mr.. Mcmillan arose from his
chair, and walking towards Mr.. Grannell,
the forefinger of his hand extended in
Mr.. Graunells direction, said "Don't do
that again." Mr.. Grannell making some
query response, Mr.. Mcmillan said, "God
dam you or dam you," Il can't say the
| - l,l 10 1bot
MILAN said, "God dam you," don't do
that again, Mr.. Grannell said, ''you don't
God dam me-" and started to the front to
meet Mcmillan, Mcmillan walking in the
same direction to meet Grannell. When
Mcmillan entered the store and seated
himself on the stool Mr.. Grannell was stand
ing about the middle of the dress goods
counter behind tho same; when Mr.. Nc
MILAN approached Mr.. Grannell, he was
standing about opposite him on
the front side of the counter;
as they approached each other
Mr.. Grannell had to go to the end of the
counter and wait, ne, Grannell, being
behind the counter; as they met about
the outside corner of the counter Mr.. Nc.
MILAN did not cover the same distance in
approaching Grannell as Grannell did in
approaching Mcmillan; to this best of my
knowledge Grannell struck the first blow;
hardly had the blow been struck when he,
Grannell, seemed to reel back, and, when
/ saw him, he was lying on the edge of
the sidewalk on thu outside of the store;
| Mr.. Mcmillan turned about and passed by
me down the aisle toward the rear of the
store when Mr. GranneN reeled back he
/ exclaimed: 'Oh! God! j am stabbed!
Ben, am stabbed" l Immediately ran
towards where he was lying, when he again
said: 81 am stabbed, run for a doctor!'
Immediately went for physician,
and from there went to the
Driskill hotel for Louis School
herr; when 1 arrived at the store
Mr.. Grannell was lying inside the store on
the floor; Immediately after the difficulty
Mcmillan walked to the rear of the store;
he had something in his hand; the weapon
in his hand, to the best of my knowledge
and belief, was two-edged blade, about
six inches long, judge; did not see the
weapon any more; that is the last | saw
of Mcmillan or the knife; if he had the
, knife in his hand when he was sitting on
the stool did not see it; his back was
towards me: | did not see the knife in Nc
Millan's hand at any time before on that
day; the knife | saw in McMillan's hand
when he went to the rear of the store did
not have the blade of pocket knife;
from what l saw of the knife judged it
to be dirk or dagger; did not hear Nc
MILAN say anything, nor the deceased,
except what 1 have already stated;
am a clerk at Schoolherr & Bros;
deceased and defendant were also en-
ployed there; they did not get along
= agreeably together; 1 think they were un-
friendly pretty near all the time McMil-
Ian had been in the store; Mr.. Mcmillan
had been in the store about five weeks; the
morning of the difficulty, Mr.. Grannel ad-
dressed some words to Mr.. Mcmillan; if
they had any quarrels previous to the
difficulty, l did not witness it; at the
time of the difficulty in which deceased
was stabbed, deceased had nothing in his
hand; do not know whether deceased
had his coat on or not; at the time of
the difficulty, the persons In the store
were Mr.. Grannell, Mr.. Mcmillan defend
anti. Miss Emma Wolf and myself; those
are the only persons 1 saw in the store;
don't think would have any doubt of
the defendant being the person who stab
bed Grannell as he was
the only person in reach
of Grannell at the time;
as far as 1 could Judge from the motion
3 the defendant struck back at deceased.
Cross-examined by counsel for defend
ant: The person to whom defendant
: was talking at the time he was standing
in front of the store, was a gentleman; l
do not know who he was; Grannell was
standing on the south side of the store
when Mcmillan came in from the front of
the store; Mcmillan sat down on stool
on the north side of the aisle; was stand
ing on the north side of the store, behind
the hosiery counter-a counter directly
opposite the one behind which Grannsll
was standing at the time Mcmillan was
seated on the stool; Grannell was about
eight feet farther back in the store than
Mcmillan; if Grannell pointed his finger
at Mcmillan, when he first addressed him,
I did not see it, but from the manner in
: which he spoke, any one
could have easily seen that
he addressed himself to defendant;
1 considered the remark made by Gran
nell addressed to Mcmillan to be a
guying one; 1 do know of Granrell
carrying a pocket knife, but If he ever
carried pistol did not know it; if he,
(GrannellJ at the time he advanced
towards Mcmillan, put his hand back
towards his hip pocket, l did not see it,
on the morning of the day of the diff
80 L III A..